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Duty to forward appeal to competent body (752,-666)

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Keywords: Duty to forward appeal to competent body
Total judgments found: 2

  • Judgment 4006


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision of the Presidency of the Court to set aside his Complaint for the removal from office of the Registrar of the Court.

    Consideration 13

    Extract:

    [I]f a member of staff pursues a grievance by an incorrect procedure, but there is another procedure which would be appropriate, the organisation is under a duty to advise the staff member to follow the appropriate procedure (see, for example, Judgment 2345, consideration 1(c)).

    Reference(s)

    ILOAT Judgment(s): 2345

    Keywords:

    duty to forward appeal to competent body;



  • Judgment 3034


    111th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    [T]he procedural rules for lodging an internal appeal must not set a trap for staff members who are endeavouring to defend
    their rights; they must not be construed too pedantically and, if they are broken, the penalty must fit the purpose of the rule. For that very reason, an official who appeals to the wrong body does not on that account forfeit the right of appeal. In such circumstances this body must forward the appeal to the competent body within the organisation in order that it may examine it and the person concerned is not deprived of his/her right of appeal (see, in this connection, Judgments 1832, under 6, and 2882, under 6).

    Reference(s)

    ILOAT Judgment(s): 1832, 2882

    Keywords:

    duty to forward appeal to competent body; internal appeal;


 
Last updated: 23.09.2021 ^ top